United States First Circuit

Dismissal of suit by an employee of a city under 42 U.S.C. section 1983 alleging deprivation of equal protection and due process is affirmed where: 1) the removal of civil service protection for employees of the city manager's office survived rational basis review; 2) plaintiff did not allege a property interest that would support a procedural due process claim; and 3) since there was no equal protection violation, there could be no conspiracy to deprive the plaintiff of equal protection.

Appellate Information

• Decided 01/30/2007
• Published 01/30/2007

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA and LYNCH, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Daniel J. Shea, on brief for appellant.


• For Appellees:
  
• Janet J. McGuiggan, Assistant City Solicitor, on brief for appellees City of Worcester, Stephen R. Willand, Donald H. Anderson, Carlene Bull and David M. Moore., Sookyoung Shin, Assistant Attorney General, Government Bureau, and Thomas F. Reilly, Attorney General of Massachusetts, on brief for appellee Ruth N. Bramson, Massachusetts Administrator of Human Resources.